Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)-- ---S. 2---Workman---Not the designation but nature of work determines status of an employee. PLD1988SC633andPLD1988SC180rel. (b) Industrial Relations Ordinance (XXIII of 1969)-- ---S. 25-A---National Bank of Pakistan Staff Rules, 1973---National Bank of Pakistan Staff Rules, 1980---Jurisdiction of Labour Court---National Bank of Pakistan Staff Rules, 1973 and not Rules 198() were statutory Rules---Proceedings initiated under Staff Rules 1980 were ab initio void and an employee if he was a workman, could approach Labour Court under S. 25-A for redress of grievance. National Bank of Pakistan v. Sindh Labour Appellate Tribunal, decided on 10-1-1989. ref. (c) Industrial Relations Ordinance (XXIII of 1969)-- ----Ss.2(xxviii) & 25-A---Workman---Dismissed workman is covered under definition of `workman' as given in Industrial Relations Ordinance, 1969---Most of the workmen having approached Labour Court for reinstatement after dismissal and if they were taken outside purview of `workman' then purpose and spirit of Ordinance would stand practically defeated. (d) Industrial Relations Ordinance (XXIII of 1969)-- --S. 25-A---National Bank of Pakistan Staff Rules, 1973---National Bank of Pakistan Staff Rules, 1980---Removal from service---Bank employee a workman as defined in Industrial Relations Ordinance could be proceeded against under National Bank of Pakistan Staff Rules, 1973---Such right of employee had been infringed and he was proceeded against and removed under Staff Rules of 1980 which were in applicable---Dismissal of employee was thus not sustainable and was nullity in eye bf law---Order of Labour Court setting aside said dismissal order was upheld. Vice-President National Bank of Pakistan, Gujranwala v. Punjab Labour Appellate Tribunal and others 1985 P L C 1053 ref. International Laboratories Employees Union v. Sindh Labour Appellate Tribunal 1976 P L C 38; Abdul Ghafoor Gill v. Senior Staff Officer. Office of the Chief Engineer, Irrigation, Sargodha and another 1987 P L C (C.S.) 125 and Superintending Engineer (H.Q.) Irrigation, Lahore Zone and another v. Punjab Labour Appellate Tribunal and another…

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